Securiti leads GigaOm's DSPM Vendor Evaluation with top ratings across technical capabilities & business value.

View

Schrems-II judgment opens door for complaints on EU-US transfers

Published September 2, 2020
Author

Omer Imran Malik

Data Privacy Legal Manager, Securiti

FIP, CIPT, CIPM, CIPP/US

Listen to the content

Things are getting serious for 101 EU data controllers sending data to the US – Max Schrems’ organization “NOYB” lodges complaints with various EU authorities

One month ago, the Court of Justice of the European Union (CJEU) delivered its "Schrems II" ruling (16 July 2020, C-311/18), thereby declaring the EU-US Privacy Shield invalid. Although the CJEU found the standard contractual clauses (SCC) remain valid, it pointed out that the formal conclusion of the SCC alone may not be sufficient to safeguard data transfers to so-called “third countries” outside the EU, particularly the US. Rather, the data exporter and data importer must ensure that the data is granted the same protection in the third country as it is within the EU under the GDPR and the EU Charter of Fundamental Rights.

Schrems-II judgment opens door for complaints on EU-US transfers

Max Schrems, the defendant in the proceedings which formed the basis for the Schrems II judgment, directly responded to the judgment. On his not-for-profit organization’s (NOYB – European Center for Digital Rights) website, he provided sample inquiries for companies as well as data subjects, which they can send to data processors and data controllers. The templates are used to request information on how the respective companies secure the transfer of data to third countries following the judgement.

Now the organization has filed 101 complaints with the relevant supervisory authorities against EU controllers that use Google Analytics and Facebook Connect integrations on their webpages. The affected controllers include large international companies from various business sectors. The complaints are identical in content. NOYB argues that the use of the Google and Facebook services requires the transfer of personal data to the USA. The parties, however, failed to implement adequate safeguards when continuing to transfer data to the US. Based on these arguments, NOYB requests that the authorities fully investigate the complaint and immediately impose a ban or suspension of any data transfers from the data controllers to Google and Facebook in the US and order the return of such data to the EU or another country that provides adequate protection. In addition, the supervisory authorities shall impose fines on the data controller as well as Google and Facebook.

It remains to be seen how the supervisory authorities deal with the complaints. Given their individual responsibilities, there is no obligation for the various EU regulators to develop a coordinated consolidated approach. Instead, it is possible that there will be different reactions from the authorities in the individual proceedings: In their initial comments, the supervisory authorities had expressed very different views on the Schrems II judgment. While some authorities stated that a transfer to a third country based on SCC alone was considered inadmissible, others took a much less strict view. The varying opinions will probably also be reflected in the responses to the complaints.

In any case, the complaint procedures and the resulting reactions of the supervisory authorities may serve as a guideline for other controllers and processors as to which measures must be taken in future to lawfully transfer data to third countries, especially the US.

Join Our Newsletter

Get all the latest information, law updates and more delivered to your inbox


Share

More Stories that May Interest You
On-Demand Webinar

Navigating the Impact of “Schrems II” and Cross-Border Data Transfers

Register Now
Michael Morgan

Michael Morgan

US Head Global Privacy & Cybersecurity Practice, McDermott Will & Emery

Srinivas Avasarala

Srinivas Avasarala

Vice President, Product Management, Securiti

Videos
View More
Mitigating OWASP Top 10 for LLM Applications 2025
Generative AI (GenAI) has transformed how enterprises operate, scale, and grow. There’s an AI application for every purpose, from increasing employee productivity to streamlining...
View More
Top 6 DSPM Use Cases
With the advent of Generative AI (GenAI), data has become more dynamic. New data is generated faster than ever, transmitted to various systems, applications,...
View More
Colorado Privacy Act (CPA)
What is the Colorado Privacy Act? The CPA is a comprehensive privacy law signed on July 7, 2021. It established new standards for personal...
View More
Securiti for Copilot in SaaS
Accelerate Copilot Adoption Securely & Confidently Organizations are eager to adopt Microsoft 365 Copilot for increased productivity and efficiency. However, security concerns like data...
View More
Top 10 Considerations for Safely Using Unstructured Data with GenAI
A staggering 90% of an organization's data is unstructured. This data is rapidly being used to fuel GenAI applications like chatbots and AI search....
View More
Gencore AI: Building Safe, Enterprise-grade AI Systems in Minutes
As enterprises adopt generative AI, data and AI teams face numerous hurdles: securely connecting unstructured and structured data sources, maintaining proper controls and governance,...
View More
Navigating CPRA: Key Insights for Businesses
What is CPRA? The California Privacy Rights Act (CPRA) is California's state legislation aimed at protecting residents' digital privacy. It became effective on January...
View More
Navigating the Shift: Transitioning to PCI DSS v4.0
What is PCI DSS? PCI DSS (Payment Card Industry Data Security Standard) is a set of security standards to ensure safe processing, storage, and...
View More
Securing Data+AI : Playbook for Trust, Risk, and Security Management (TRiSM)
AI's growing security risks have 48% of global CISOs alarmed. Join this keynote to learn about a practical playbook for enabling AI Trust, Risk,...
AWS Startup Showcase Cybersecurity Governance With Generative AI View More
AWS Startup Showcase Cybersecurity Governance With Generative AI
Balancing Innovation and Governance with Generative AI Generative AI has the potential to disrupt all aspects of business, with powerful new capabilities. However, with...

Spotlight Talks

Spotlight 11:29
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Not Hype — Dye & Durham’s Analytics Head Shows What AI at Work Really Looks Like
Watch Now View
Spotlight 11:18
Rewiring Real Estate Finance — How Walker & Dunlop Is Giving Its $135B Portfolio a Data-First Refresh
Watch Now View
Spotlight 13:38
Accelerating Miracles — How Sanofi is Embedding AI to Significantly Reduce Drug Development Timelines
Sanofi Thumbnail
Watch Now View
Spotlight 10:35
There’s Been a Material Shift in the Data Center of Gravity
Watch Now View
Spotlight 14:21
AI Governance Is Much More than Technology Risk Mitigation
AI Governance Is Much More than Technology Risk Mitigation
Watch Now View
Spotlight 12:!3
You Can’t Build Pipelines, Warehouses, or AI Platforms Without Business Knowledge
Watch Now View
Spotlight 47:42
Cybersecurity – Where Leaders are Buying, Building, and Partnering
Rehan Jalil
Watch Now View
Spotlight 27:29
Building Safe AI with Databricks and Gencore
Rehan Jalil
Watch Now View
Spotlight 46:02
Building Safe Enterprise AI: A Practical Roadmap
Watch Now View
Spotlight 13:32
Ensuring Solid Governance Is Like Squeezing Jello
Watch Now View
Latest
Why I Joined Securiti View More
Why I Joined Securiti
I’m beyond excited to join Securiti.ai as a sales leader at this pivotal moment in their journey. The decision was clear, driven by three...
Navigating the Data Minefield: Essential Executive Recommendations for M&A and Divestitures View More
Navigating the Data Minefield: Essential Executive Recommendations for M&A and Divestitures
The U.S. M&A landscape is back in full swing. May witnessed a significant rebound in deal activity, especially for transactions exceeding $100 million, signaling...
Key Data Protection Reforms Introduced by the Data Use and Access Act View More
Key Data Protection Reforms Introduced by the Data Use and Access Act
UK DUAA 2025 updates UK GDPR, DPA and PECR. Changes cover research and broad consent, legitimate interests and SARs, automated decisions, transfers and cookies.
FTC's 2025 COPPA Final Rule Amendments View More
FTC’s 2025 COPPA Final Rule Amendments: What You Need to Know
Gain insights into FTC's 2025 COPPA Final Rule Amendments. Discover key definitions, notices, consent choices, methods, exceptions, requirements, etc.
View More
Is Your Business Ready for the EU AI Act August 2025 Deadline?
Download the whitepaper to learn where your business is ready for the EU AI Act. Discover who is impacted, prepare for compliance, and learn...
View More
Getting Ready for the EU AI Act: What You Should Know For Effective Compliance
Securiti's whitepaper provides a detailed overview of the three-phased approach to AI Act compliance, making it essential reading for businesses operating with AI.
Navigating the Minnesota Consumer Data Privacy Act (MCDPA) View More
Navigating the Minnesota Consumer Data Privacy Act (MCDPA): Key Details
Download the infographic to learn about the Minnesota Consumer Data Privacy Act (MCDPA) applicability, obligations, key features, definitions, exemptions, and penalties.
EU AI Act Mapping: A Step-by-Step Compliance Roadmap View More
EU AI Act Mapping: A Step-by-Step Compliance Roadmap
Explore the EU AI Act Mapping infographic—a step-by-step compliance roadmap to help organizations understand key requirements, assess risk, and align AI systems with EU...
The DSPM Architect’s Handbook View More
The DSPM Architect’s Handbook: Building an Enterprise-Ready Data+AI Security Program
Get certified in DSPM. Learn to architect a DSPM solution, operationalize data and AI security, apply enterprise best practices, and enable secure AI adoption...
Gencore AI and Amazon Bedrock View More
Building Enterprise-Grade AI with Gencore AI and Amazon Bedrock
Learn how to build secure enterprise AI copilots with Amazon Bedrock models, protect AI interactions with LLM Firewalls, and apply OWASP Top 10 LLM...
What's
New